MATTER OF McKENZIE v. REVERE COPPER PRODUCTS


39 A.D.3d 1035 (2007)

834 N.Y.S.2d 387

In the Matter of the Claim of ELEANOR McKENZIE, Respondent, v. REVERE COPPER PRODUCTS, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 19, 2007.


Cardona, P.J.

In October 2002, claimant sustained a work-related injury to her lower back resulting in a partial disability. She was awarded workers' compensation benefits without objection from the employer after she was unable to continue working. Thereafter, it was discovered that claimant was working as a waitress and a question arose as to whether claimant violated Workers' Compensation Law § 114-a by knowingly misrepresenting a material fact. Following...

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